6.C. PRSR 05-08-2013 El REQUEST FOR ACTION
River
To ITEM NUMBER
Parks and Recreation Commission 6.C.
AGENDA SECTION MEETING DATE PREPARED BY
' Action Items May 8, 2013 Michael Hecker,Parks and Recreation
Director
ITEM DESCRIPTION REVIEWED By
Regulations regarding use of Bailey Point Park
REVIEWED BY
ACTION REQUESTED
City staff recommends the Parks and Recreation Commission approve the regulations regarding use of
Bailey Point Park.
BACKGROUND/DISCUSSION
The City acquired in November 2012 a 23-acre parcel of historic and scenic property with over 3,300 feet
of natural largely untouched shoreline at the confluence of the Mississippi and Elk Rivers. This parcel is
assumed to have the name of Bailey Point. The Parks and Recreation Commission had a special meeting
on May 1 at Bailey Point to tour the site and discuss park use regulations. The Commission did have a
quorum at this meeting of five members along with many of the local neighbors. Based on this recent
tour, it is recommended that fishing platforms are not very effective and designating an area for fishing
and canoeing/kayaking seems the most cost effective approach. Staff is recommending keeping fishing
platforms in the proposed regulations for consideration in the future.
Although the city may limit where the general public may fish from park land, if the general public is
below the Ordinary High Water Level (OHWL) they may fish anywhere along the river. The general
public according to the DNR also has the right to access water bodies or watercourses via public
property, in particular,the Bailey Point property.
The actual prohibition of fishing is difficult as the public may use public lands to access rivers and fish
below the ordinary high water levels. Staff is recommending regulating river access as per the attached
regulations to avoid erosion issues along the shoreline. The overall regulations recommended are
consistent with preserving the conservation values of the property.
ATTACHMENTS
• Proposed Regulations Regarding Use of Bailey Point Park draft.
• Map indicating designated river access
POWERED III
N:\Depanments\Parka and Recreation\Commission\Packets\2013\05-08-13 PRC Park-Ahem 6C-Regulations of BPPark A� ���I
RFAdocx 'v
)14h.Elk
River
Regulations Regarding Use of Bailey Point Park
1. Guideline Statement
The City of Elk River acquired parcels 75-402-002;;Z$402-0021 &75-004-1100 (commonly known
as Bailey Point) with the assistance of a DNR Natttr�l'and Scenic Area Grant and a conservation
easement with the MN Land Trust. The conservation easement only permits low impact outdoor
recreational use and nature observation on the property. As an example, fishing and canoe/kayak
landing areas are only permitted within the area designated intEie Conservation easement as
"Potential River Access". The City of Elk River is comm,itted..'tto preserving the conservation values
of the property;therefore,the following regulations apply to public use of Bailey Point.
2. Bailey Point Use Regulations
a. Fishing is not allowed atailey Point Park,except below the ordinary high water level
(OHWL) or an area designed as fishing river access or at designated fishing platforms.
b. Canoe and kayak river access at Bailey Point Park shall only be allowed at the designated
river access.
c. No organized or team spor activities Are allowed at Bailey Point Park
3. Enforcement
Enforcement of these regulations shall be primarily through voluntary compliance.
• The property will have appropriate signage posted.
• City staff will meet with park volunteers to discuss the regulations and assist in monitoring
compliance with the regulations.
• City staff will make periodic observations of activity at the site to monitor compliance with
the regulations.
• The City Police Department is authorized to issue citations for violations of these
regulations.
N:\Departments\Parks and Recreation\Commission\Packets\2013\05-08-13 PAC Packet\Item 6C-Regulations of BPPark RFAdocx
Land Trust Map Potential River Access MAY 4
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